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(영문) 수원지방법원 평택지원 2018.09.14 2018고단842

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 31, 2007, the Defendant was punished twice or more as a crime of violation of road traffic law in the Daejeon District Court's support on December 31, 2007 by a fine of KRW 700,000,000 for a violation of road traffic law, and a fine of KRW 1.5 million for the same crime in the same court on October 19, 2012.

[Criminal facts] On April 30, 2018, the Defendant driven B B B B in the state of alcohol alcohol concentration of about 0.079% from the 3km section of the blood alcohol level to the real estate front of the real estate located in the 117-3-ro, e.g., the (ju) case panel located in the 117-3 e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries, application of investigation reports (the same criminal records and confirmation of the suspect) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: A favorable circumstance such as the fact that there was a history of punishment of a fine several times for the same kind of crime: A confession, reflectivity, and the fact that there was no record of crime exceeding a fine, and the fact that the drinking volume of this case does not relatively heavy: A sentence imposed on the defendant's age, family relationship, criminal history, etc.: 6 months of imprisonment, 2 years of suspended sentence, and